Obsolete Date: 3/1/2011
A civil action is commenced by the service of a summons.
All that is required to commence a civil action is the service of a summons on a defendant. This is unlike Fed.R.Civ.P. 3, which requires the filing of a complaint with the court to commence an action. Rule 4(c) sets outs the contents of the summons and explains service of the complaint.
An action is not commenced for the purpose of tolling a statute of limitation except as provided in N.D.C.C. § 28-01-38.
Rule 3's title was amended, effective March 1, 2011.
CONSIDERED: N.D.C.C. § 28-01-38.
CROSS REFERENCE: N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction Process Service).